Boston Injury Lawyer Blog

Pedestrians in Boston should be pleased to know that the rage they perceive in other walkers could be very real. Signs of sidewalk rage, according can be assigned to the Pedestrian Aggressiveness Syndrome Scale, ranges from feeling stress and impatience when walking to the extreme psychiatric condition called "intermittent explosive disorder," or the simple muttering and hogging a lane. The PASS scale was developed by Dr. Leon James, of Hawaii, whose website provides tips on how to "handle one's pedestrian rage." Moreover, he focuses on how to keep children pedestrians safe on the streets.

Different walking speeds can lead to distorted perceptions in others. In a New York City study designed to study "pedestrian level of service," the speed at which different categories of pedestrians walked was studied extensively. For example, tourists walk 2.79 feet per second while pedestrians with headphones walk at an average rate of 4.64 feet per second. Cellphone users average 4.2 feet per second. Men walk faster than women; and large people walk slower.

Continue reading "Road Rage Not Limited to Drivers" »

Massachusetts banned texting while driving and teenagers using cellphones while driving. However, is it time to consider banning using iPods while walking? The number of deaths among pedestrians in Massachusetts is up from 14 in the first six months of 2009 to 25 in 2010 for that period. The distracted pedestrian is the target of lawmakers in several states, who are considering laws aimed at distracted pedestrians. The reason? An 0.4% increase, nationally, in pedestrian deaths. When a pedestrian is injured by a motor vehicle, was his electronic distraction a factor? You can bet the insurance defense attorney will use that information.

Lawmakers in several states intend to nip the new trend in the bud, because pedestrian deaths were falling for a decade: from 1999 to 2009, they were down 42% in youths (people under 20), 31% in people from 30 to 45, and 29% for seniors. The death rate from those in their 20 and those 45-65 was unchanged during that time period. One lawmaker wants headphones to be limited to one ear. Some lawmakers want the ban only in cities greater than 1 million. One answer is to educate the iPod and texting generation that it is dangerous. The question becomes, where do you draw the line?

Continue reading "Boston Car Accident Lawyer Ponders Distracted Pedestrian Law" »

Boston bike accident attorney Neil Burns reports that a helpful study has been undertaken by the Boston Cyclists' Union regarding the locus of bike accidents in and around Boston. Their interactive bike map of Boston boasts of being the "best source of online information available on bike crashes" in Boston. I'll bet they are correct. The map includes Cambridge bike accidents and Brookline bike accidents and, of course, offers satellite and hybrid views. The most alarming finding, to a motor vehicle accident attorney was that only 34% of those bikers picked up by ambulances were wearing helmets.

Using ambulance records from May 2010 to October 2010, they pieced together a large amount of information including categorizing types of accidents, helmet use, type of accident and bike and motor vehicle speeds. They have some preliminary findings, although the data is insufficient to be a scientific survey. Nevertheless, they found that crashes seem "to correlate more with topography and population density than perceived 'bikeyness' of the neighborhood." Their efforts should be commended.

Continue reading "Boston Bike Accidents Warning Map Published" »

We know, we know, Tom Brady is invincible. The best quarterback in football, Superbowl rings on more fingers than anyone, and an amazing win against Pittsburg on Sunday night. But caught by the paparazzi while riding bicycles with his wife and two sons, we see that neither Tom nor Gisele wear helmets when they bike around Boston. Bicycle injury lawyer Neil Burns reports that while the law in Massachusetts does not require adults to wear helmets, it is highly recommended. Last year 630 bicyclists died in the US, according to the National Highway Traffic Safety Administration. Brain and spinal injury lawyer Neil Burns notes that 91% of bicyclists killed in 2008 were not wearing helmets. "A helmet is the single most effective way to prevent head injury resulting from a bicycle crash," according to NHTSA Bicycle Safety tips.

Of the 2009 highway fatalities, 2% were bicyclists. However, 12% of the bicycle fatalities were children 14 and under. Ten of those children were in Massachusetts bicycle accidents. Further, the NHTSA estimates that "51,000 pedalcyclists were injured in motor vehicle traffic crashes" in 2009, 17% children under the age of 14. Massachusetts requires all children under 17 to wear helmets. The news about the NFL and brain injuries constantly reports that what they do at that level trickles down to the college and high school level. So while Tom was not breaking any laws, he may have been setting a bad example for his kids and all of those who saw the photos.

For Massachusetts and Boston area residents, the warmer weather often means spending more time outside. So motorcycle and pedestrian injury attorney Neil Burns wants to remind Boston area pedestrians and motorcyclists to remain safe as the warmer weather approaches. "It's a good time to review Massachusetts laws and road rules pertaining to pedestrian and motorcycle operation and safety," says Boston injury attorney Neil Burns, citing Massachusetts laws and regulations.

Most motorcyclists know the rules of the road in Massachusetts. Pedestrians have the right of way to people in or entering a crosswalk. Further, motorcycles (and motor vehicle drivers) may not pass a vehicle that has stopped for a pedestrian in the crosswalk.

Continue reading "Massachusetts Laws for Pedestrian and Motorcycle Safety " »

For Massachusetts residents, Boston Mayor Thomas Menino recently announced a major bicycling safety initiative for the City of Boston. Boston injury attorney Neil Burns has represented many victims who suffer injuries resulting from bicycle accidents. Following a recent wake of bicycle accidents, we want Boston and Massachusetts residents to stay safe while riding their bicycles.

Mayor Menino announced a Bicycle Safety Summit for April 21 to get input from bicyclists and politicians regarding bicycle safety. The mayor especially encouraged wearing helmets. He pointed out that his administration has increased marked bike lanes, started educational campaigns, and developed a Boston Bikes homepage www.cityofboston.gov/bikes Further, the Boston Medical Center gift shop has bicycle helmets available for $5!

Continue reading "Massachusetts Bicycle Safety in Boston " »

Massachusetts persons hit and injured by cars are covered by auto insurance. Recently, the District Court in the Boston suburb of Newburyport recently decided that a pedestrian does not actually need to be struck by the automobile in order to recover from the auto insurer. "While this case is not yet controlling," notes Boston accident and pedestrian injury attorney Neil Burns, "it still provides some nice clarity into when pedestrians can recover from auto insurance."

In this case, a women was at a yard sale when she witnessed a car hit a pole, and then careen toward her. She jumped out the way of the car, and in so doing she fell, hitting her head and breaking some of her teeth. She then sued the automobile insurance company for the medical bills she incurred as a result of jumping out of the way of the car. But the insurance company denied her claim, saying that because the car did not actually hit her she was not entitled to any insurance money.

Continue reading "Massachusetts Pedestrains Hit By Automobiles " »

In 2008, Boston, Massachusetts was the twenty-first largest city in the United States. We have seen our share of this in our personal injury practice. Because Boston is such a large city, a number of pedestrian accidents happen each year. In fact, more than 5,000 pedestrians die each year in the United States because they are hit by motor vehicles or bicycles.

Be safe by taking simple precautions. Safety can prevent injury much of the time. The most common collisions between vehicles and pedestrians tend to be caused when pedestrians make the following mistakes: failing to cross in clearly marked crosswalks; failing to walk on sidewalks; and failing to walk opposite traffic.

Continue reading "Avoiding Pedestrian Injuries in Massachusetts" »

We have been representing victims on bicycles and pedestrians who have been struck by cars and trucks in Boston, and throughout Massachusetts, since 1985. Each case is different, however, we have drafted this column for general reference for our clients.

Massachusetts has a law which guides lawyers and courts as to the legal responsibility of bicycle riders:

Continue reading "Massachusetts Bicycle and Pedestrian Injury Cases Handled by Boston Firms" »